Police plan to arrest Kim Sung-hoon, deputy chief of security...The secondary warrant variable is

■ Host: Yoo Da-won Anchor
■ Starring: Attorney Kim Sung-soo

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information. Please specify [YTN24] when quoting.

[Anchor]
The second execution of President Yoon's arrest warrant, which has been extended, is imminent. The police plan to seek an arrest warrant for Deputy Security Officer Kim Sung-hoon, who refused to comply with the third request for attendance. The police believe that the security service has no justification to prevent Deputy Chief Kim's arrest, as the security service's targets are limited to the president and his family. Let me take a closer look with lawyer Kim Sung-soo. Please come in. The situation at the Presidential Security Service, which is preventing the execution of warrants, seems to be constantly changing. As I told you earlier, the police refused to comply with the third police appearance, but it is known that they will seek an arrest warrant. What do you think?

[Kim Sung-soo]
In fact, it seems that there were some reports that the police applied for an arrest warrant. However, since it is not clear right now, I think what we think is accurate to the extent that it is a policy to apply. If you apply and consider whether the court will issue it through this partial request, the requirement for an arrest warrant now stipulates that there is a reason to suspect that you have committed a crime and there is a possibility of refusing to attend or not responding to your attendance without a justifiable reason. If all of these reasons meet the requirements, a warrant can be issued.

[Anchor]
Then, if an arrest warrant is issued, will it proceed at the same time as the presidential warrant is executed, or will Deputy Chief Kim try first?

[Kim Sung-soo]
Isn't there a high possibility that Deputy Chief Kim is currently in the presidential residence? In that case, it is highly likely that it is practically impossible to enforce it first. Then, since the head of the security department is currently vacant during the presidential execution process, I think the head of the security department will try to change the internal atmosphere of the security department, now known as a hardliner, by arresting the actual command.

[Anchor]
Then, unlike Park Jong-joon, a former police officer, Kim Sung-hoon is also a former bodyguard and is classified as a hardliner. Can you first explain what kind of person this person is?

[Kim Sung-soo]
Attention is also being paid to Kim Sung-hoon, the deputy director, in various ways. First of all, I was appointed as a security officer in 1996, and I can say that I have worked in the security service for nearly 30 years now. And as you said, he was promoted to the deputy chief of staff in May last year and is currently known as a hardliner on the security mission related to the president's attendance. As there are many possibilities for the actual level of resistance at the current execution stage, I think the Senior Civil Servant Corruption Investigations Unit and the police are also considering various options.

[Anchor]
Then, if an arrest warrant is issued for Deputy Chief Kim, do you think it will affect the re-execution of the president's arrest warrant?

[Kim Sung-soo]
If an arrest warrant is issued, even if it is before execution, it can be considered the current top command anyway, right? It can be seen as the highest command in the security office, and there may be divisions within the security office because an arrest warrant has been issued for the command. There can be division over whether it is right to be under this command, and if it is executed and arrested, is it right to be under the command again through the arrest process at the scene? There could be a new command, right? If there's a conductor, then there might be a follow-up command. Then, whether the follow-up command will come out strongly or moderates can be seen differently depending on this, so many variables can occur, and for that purpose, I think we should apply for it first and then wait and see whether it will be issued or not.

[Anchor]
On the other hand, Park Jong-joon, a former bodyguard, and Lee Jin-ha, the head of the Security and Safety Headquarters, also attended the police investigation and were under high-intensity investigation. You also mentioned earlier that there could be a division within the security service, but I think there might be internal agitation as the leaders continue to be investigated. How do you see it?

[Kim Sung-soo]
First of all, the security office notified the police of the attendance of four people, the deputy head of the security office and two senior officials of the security office, on charges of obstructing the execution of special public affairs on January 3rd. And most of the first notification of attendance was not attended, so there were talks about whether they would not continue to attend and go through the procedure for an arrest warrant, but the security chief suddenly attended differently from the dominant opinion. And after attending, he submitted a resignation letter saying he would resign just before attending, and there was even a rumor that this was repaired.

As a result, there were various interpretations of what this intention would be. So in some cases, the police are likely to execute the arrest warrant on this part of the leadership, making it a little easier to execute the president on the same day. There was also a story about whether he had thrown a variable on this part, and another one was told in front of the media just before he entered the police. Since he said that investigations suitable for the presidency and such should be conducted, some said that he intended to gather his supporters by informing them about this.

Now, however, the internal division has divided the hardliners and the moderates, so the moderates are present. Because of this talk, it seems that there are many possibilities to be seen, and if there is a division in this area, there will be some shaking within the security office, but if we say that we discussed it inside and proceeded like this, it is not a division, but rather a part that can be gathered, so it will be important to understand what the intention was for this part, and two of the four people who have been notified of their attendance have been present, so we need to look at various possibilities as to what this means.

[Anchor]
He said, "We need to understand the meaning and intention," but in the case of former Chief Park Jong-joon, he said this when he came out to the police. He argued that he thought the investigation process appropriate to the current presidential status should proceed, and also said that there was a legal debate. What part does this mean?

[Kim Sung-soo]
Wasn't it the police and the Senior Civil Servant Corruption Investigations Unit's claim that it was the obstruction of the execution of special public affairs that prevented the execution of the arrest warrant while attending the arrest warrant, and the existing position of the security office claimed that protecting this part under the Security Act was a legitimate execution of public affairs? In the end, there was a conflict in the interpretation of the law, and there are parts that seem to have expressed their opinions because they were present for investigation, and the other thing is that the investigation of the president itself has been issued a legal arrest warrant and thus arrest should be made, isn't the state's level and the presidency maintained for now? If so, I think it was a message that conveyed the position that the investigation into the incumbent president should be considered.

[Anchor]
And Director Lee Jin-ha was also investigated in response to the police's second request for attendance. At this time, the reporters asked why they responded to the second survey, but they didn't answer anything. What kind of change of mind was there? Why did you accept the 2nd attendance?

[Kim Sung-soo]
Regarding Director Lee Jin-ha, there are rumors that the police did not expect him to attend, but as I said earlier, we should look at various possibilities for the security director's intention to attend, didn't we? Therefore, I attended and was investigated because I had to look at the intention of Lee Jin-ha, the head of the division, or whether it was due to internal division. And we can objectively understand what kind of answers we gave during the investigation process and confirm our intentions for that part, but I think it would be a little difficult to conclude that this is the intention just because we are present.

[Anchor]
Former deputy head Park Jong-joon was previously predicted to be arrested urgently, but he was sent home for now. However, the possibility of applying for an arrest warrant is open, so what do you think about the need to secure recruits?

[Kim Sung-soo]
If the possibility that came out at the time of not attending is that the police can apply for an arrest warrant and claim it and issue it, can't we secure a new person through an arrest warrant? And in general, when an arrest is made through an arrest warrant, most of them request an arrest warrant within 48 hours. As a result, the investigation will be conducted under arrest by requesting an arrest warrant. And it was said that there would be a gap in the security service in the end, but the requirements for arrest by arrest warrant have disappeared by attending in person.

Arrest under an arrest warrant is something that should not comply with or be able to refuse to attend, but didn't you attend? Therefore, it can be said that the arrest warrant was excluded, and if so, there were cases where an emergency arrest could be another issue after investigating and an emergency arrest requirement during the investigation. Therefore, it was said that there is a possibility of this, but in the case of emergency arrest, the requirements are stipulated in Article 200-3 of the Criminal Procedure Act. And this part should have reasons to suspect that they have committed serious crimes such as the death penalty, weapons, etc. for more than three years, and this part can be arrested urgently when it is difficult to obtain an arrest warrant from the court due to the risk of destruction of evidence or flight.

However, there is no concern about the destruction of evidence or flight, considering whether the arrest was not made because it does not meet such requirements for emergency arrest, or the answers during the investigation process. If most of the charges are admitted or there is a part like this, they may not consider arresting again, so it seems that there are many possibilities in this area, but haven't we investigated for a very long time over the past two days?

In that part, the party must have divided the time line into a very detailed time line to check each role in this part. In order to accurately grasp the facts about the post-war process, we need to understand what happened the day before and what happened the next day. So even in that area, it seems that there are many possibilities as to how the police will request an arrest warrant or what to do in the future.

[Anchor]
In the case of Director Lee Jin-ha, he is currently in the office. What do you expect about securing recruits?

[Kim Sung-soo]
Director Lee Jin-ha did not appear to have been arrested yesterday, but this could be an issue as to whether to request an arrest warrant, but he is not currently in office because he resigned in the case of the head of the security, right? If so, there are a lot of concerns that can be used to destroy evidence by exercising any influence, but in the case of the head of the headquarters, there is some influence that can be exercised if there is various evidence related to the alleged obstruction of special public affairs within the Security Service, and if so, that part can be considered when the court decides whether to issue an arrest warrant, so this part can be viewed differently.

However, as for the current request for an arrest warrant, the warrant request is eventually stipulated in Article 70 of the Criminal Procedure Act, and there should be a suspicion of committing a crime or a considerable reason, and there should be a concern of destruction of evidence or flight. However, even if most of the charges are admitted or the charges are denied in the legal aspect, there is no fear of destroying evidence if the facts are admitted. If there is such a part, I think I can tell you that there are various variables even in that part because we have no choice but to review the arrest warrant request itself.

[Anchor]
And earlier, Director of Airborne Oh Dong-woon once again expressed his will to do his best with the determination that the execution of the second warrant against President Yoon Suk Yeol is the last. As you saw earlier, some predict that the second round of execution will take place as early as this week, and some say that they will be executed with more caution. When do you expect the lawyer to do it?

[Kim Sung-soo]
First of all, it was known that the first case of this warrant was 7 days. And it ended on the 6th. However, in this case, the warrant period is not clearly known, but there is a saying that it will be two to three weeks. If it's three weeks, there will be a little more time anyway, but if it's two weeks, it's very short of time. That's why we're expected to have more detailed discussions about the second execution this week, and didn't we mention the arrest warrant for Deputy Chief Kim? Part of the arrest warrant for the deputy security officer. If you're reviewing this part, you can try to execute it at the same time after receiving the issuance.

So I think that could be a variable, and the warrant itself would be possible in many ways, such as night execution. There may have been various possibilities for this, but physical collisions are predictable in the process, and there can be conflicts like this. In order to prevent someone from being injured in the process, the weather may be fine and dangerous at night, so if there is a high possibility of excluding that part, there is an observation that this week's weekday will be possible after discussing in more detail. I personally expect that the second round of execution will be held on weekdays.

[Anchor]
Then I'll choose a time zone that's not dangerous, do you also think this way?

[Kim Sung-soo]
It's not dangerous. Last time, it was held from a very early morning. That's why it's likely to start early this morning, and there are days when it's expected to rain next week. Then I think it's highly likely to exclude that part, and if we proceed at an early time, isn't there a limited number of people at the security office if we continue to surround ourselves for 2-3 days? Then, because of the limited manpower, there are also stories that the number of Jersey's will can be reduced a lot, so considering that, we should go and proceed earlier.

Then, if you are going to wait two to three days early this week, you can proceed in seconds. If not, as I said, I think you will review whether to issue an arrest warrant. However, it is not clear what position the security agency is in, and it is not clear how it can be executed efficiently internally, so there are many possibilities.

[Anchor]
So, I think we have no choice but to be cautious about the timing of the execution, but in fact, another concern of the Dong-A Ilbo seems to be how to break through the strong resistance of the security agency. There are reports that we have requested support from the police special forces, so to what extent and what kind of manpower do you think they will mobilize?

[Kim Sung-soo]
First of all, there were reports that there was a request for manpower cooperation from the police, and among the reports, there was a request for cooperation from drug crime investigations, detectives, and such detectives. However, if it is correct to ask for cooperation with the detectives, there may be a story that they have a lot of experience in arresting current offenders and taking into account the arrest of current offenders. Since there are rumors that in the last case of the first execution, they made a scrum and blocked each other from passing by arm in arm, the easiest way is to eventually have more personnel go and get one person out of the scene through arrest of current offenders.

Therefore, in order to arrest the current criminal in such a part, there is a possibility of such a part because there are talks about whether it is to fill it through the cooperation request of detectives with a lot of experience, but isn't there a lot of proposals coming out right now? Therefore, it seems that this part is taken into account in the case of the arrest of the current offender, and if it happens, it will be necessary to see if the current personnel will be added or supplemented.

[Anchor]
On the other hand, the issue was raised and controversial by mobilizing soldiers during the first attempt. Is there a legal basis for this, as the Ministry of National Defense has conveyed this position to the security service that military troops are not appropriate?

[Kim Sung-soo]
There are military and police personnel inside the security office. So, there are areas where the military and the police do such things as outer security. As a result, various opinions are being raised as there are suspicions that ordinary soldiers were mobilized during the execution process. However, in the case of the military and police, there is a part where they can perform their work on this part in response to the request for cooperation from the security service, so it can be a number of legal issues as to what can happen if they do not comply. First of all, the president of Yoon Suk Yeol has stated that the military and police cannot respond to illegal execution in this regard, so if it results in not performing security duties, it could be a part of dereliction of duty.

So, there are various legal issues in those areas, so in the end, if the execution process, how much manpower is mobilized in the end can be very important, so the security office has no choice but to think about it, but if soldiers are mobilized or do so, legal issues and other responsibilities can be discussed in the future, so I think I should refrain from doing so.

[Anchor]
There was also a time when the police said that if the second execution was prevented this time, they would arrest all the security officials as red criminals. Are you saying that you will be charged with obstructing the execution of special public affairs?

[Kim Sung-soo]
First of all, aren't the security service and the Senior Civil Servant Corruption Investigations Unit and the police claiming that each other is performing legitimate official duties? That's why each other claims to be obstruction of justice, and anyone can be arrested in the case of a red offender who obstructs justice. That's why there can be talks about arresting each other, so if you say you will arrest each other during the re-enforcement process, a physical conflict can lead to a conflict that is much stronger than a conflict that draws out one by one. If someone is injured in the process, shouldn't anyone be injured in exercising their respective duties at a state agency? Therefore, I think both sides have no choice but to think about those parts.

[Anchor]
On the other hand, the president's lawyers requested the disclosure of background check information for about 150 prosecutors and police officers of the Senior Civil Servant Corruption Investigations Unit who were mobilized to execute the first warrant. Is this the president's strategy?

[Kim Sung-soo]
First of all, isn't the president claiming that the presidential security service's execution itself was legitimate? Therefore, if it is a legitimate execution of public affairs, it is rather illegal to break through the crime of the Senior Civil Servant Corruption Investigations Unit or the police special forces. Therefore, it is known that about 30 people from the Senior Civil Servant Corruption Investigations Unit and 120 people from the Special Police Corps came in at the time of the first execution, and now 11 people, including the head of the Senior Civil Servant Corruption Investigations Unit and senior police officers, have been charged with obstruction of justice, intrusion of special buildings, and violation of military bases and military facilities.

As the two sides claim that our law is legal, as mentioned earlier, we are filing additional charges or accusations against each other because the charges have been filed in this regard and that the remaining personnel will be filed after specifying their identities.

[Anchor]
This time, let's talk about the impeachment trial. The Constitutional Court's impeachment trial will begin on the 14th with the first hearing date, and President Yoon has been asking for a 180-day trial period for the impeachment trial. Will this act as a variable?

[Kim Sung-soo]
First of all, if you look at the Constitutional Court Act, there is a provision that the impeachment trial must be judged within 180 days. Therefore, it is known that the statement was made to the effect of guaranteeing this part as much as possible because there is a regulation on 180 days, but there may be disputes over whether the interpretation of this part should be done quickly within 180 days or 180 days, but the purpose itself is that whether the president will be fired or not is a serious matter of the state, right?

Therefore, I think the Constitutional Court will consider that part to some extent because it was intended that only speed and speed should be emphasized to understand the facts of the case or judge the law.

[Anchor]
Earlier this morning, President Yoon himself stated that he would not attend the first hearing due to personal safety issues. So in the end, do you mean that you will not attend as long as the attempt to execute the arrest warrant is made?

[Kim Sung-soo]
I think we have to wait and see about that. First of all, the first hearing will be held at the Constitutional Court on the 14th. The 14th, the 16th, and the next Tuesday, Thursday. In this way, five dates were designated, and President Yoon Suk Yeol said he would attend the meeting at an appropriate time and make his position known, so there were talks that the 14th was unlikely because the issue was settled twice, after the first date, and then the Constitutional Court decided not to go out to organize his position. However, the possibility of the 14th has disappeared because he announced that he would not attend the meeting on the 14th due to security issues. In this case, it is necessary to see if the Constitutional Court can proceed with the hearing date, but if you look at the Constitutional Court Act, the contents of the Criminal Procedure Act are applied mutatis mutandis, and in case of non-attendance, it cannot proceed on that date.

If you do not attend on the 14th, the actual trial will begin on the 16th, and if you continue to be unable to attend on the 5th due to security reasons, President Yoon Suk Yeol may be different from the Constitutional Court's direct attendance and only his agent's acceptance of the Constitutional Court, assuming that there is a three-week warrant period. If it's the last of the five episodes, February will be over, so the warrant period will end then. Then, it is possible to expect that he will probably be present at that time, so I think there will be variables in that area.

[Anchor]
Then, would it be advantageous for the impeachment trial if President Yoon did not attend the first hearing and presented himself after that? Will it be disadvantageous? What if we weigh that part?

[Kim Sung-soo]
If the parties attend and talk directly with the judges of the court, they will ask a lot of questions verbally when looking at the contents of the Constitutional Court's trial. What are the justices on this part? This is what I'm asking, and if the President of Yoon Suk Yeol is present, I can ask you in a lot of detail about the facts. If the agent asks you a question about the facts when you are present, you can say that you will check with the person concerned and give you a written answer. But if President Yoon Suk Yeol is present in person, isn't there anything else that can give you other preconceived notions?

Is there any doubt about this part? I think we have no choice but to take into account that part because it is such a preconceived part. However, the fact that only the agent makes the claim about the facts itself may give a suspicion that President Yoon Suk Yeol is not able to come out and talk about it in person. First of all, President Yoon Suk Yeol claims that the entire facts claimed by the National Assembly are all different from the facts, so if he can immediately tell the facts and reveal that he cannot trust the claims of the National Assembly, it may be advantageous to attend in person.

[Anchor]
On the other hand, the secretary-general of the Constitutional Court attended the National Assembly last Friday. In addition, he expressed his opinion on the emergency martial law decree that it does not conform to the current constitution, so do you think this opinion can affect the impeachment trial? What do you think?

[Kim Sung-soo]
In that regard, it can be said that it is the opinion of the Secretary-General of the Constitutional Court, and this cannot be seen as a unified opinion of the judges of the Constitutional Court. Therefore, in the end, it can be seen that there is such a legal opinion on this part, but it is a little difficult to see what kind of effect this can have.

[Anchor]
I see. So far, I've been with lawyer Kim Sung-soo. Thank you, lawyer, for talking today.